83_FR_54797 83 FR 54587 - North Dakota Pollutant Discharge Elimination System; Transfer

83 FR 54587 - North Dakota Pollutant Discharge Elimination System; Transfer

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 210 (October 30, 2018)

Page Range54587-54588
FR Document2018-23632

The Environmental Protection Agency (EPA) is providing notice of a proposed program revision to transfer the authority to implement and enforce the North Dakota Pollutant Discharge Elimination System (NDPDES) program from the North Dakota Department of Health (NDDOH) to the newly established North Dakota Department of Environmental Quality (NDDEQ). If approved, the NDDEQ will administer the approved NDPDES program regulating discharges of pollutants into waters of the United States under its jurisdiction as described in the state's program application. The EPA will retain the authority to issue NPDES permits for facilities located in Indian country and/or discharging to waters in Indian country.

Federal Register, Volume 83 Issue 210 (Tuesday, October 30, 2018) 
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54587-54588]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23632]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID No. EPA-R08-OAR-2018-0389; FRL-9985-60-Region 8]


North Dakota Pollutant Discharge Elimination System; Transfer

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comment.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of a proposed program revision to transfer the authority to implement 
and enforce the North Dakota Pollutant Discharge Elimination System 
(NDPDES) program from the North Dakota Department of Health (NDDOH) to 
the newly established North Dakota Department of Environmental Quality 
(NDDEQ). If approved, the NDDEQ will administer the approved NDPDES 
program regulating discharges of pollutants into waters of the United 
States under its jurisdiction as described in the state's program 
application. The EPA will retain the authority to issue NPDES permits 
for facilities located in Indian country and/or discharging to waters 
in Indian country.

DATES: Written comments and/or requests for a public hearing must be 
received on or before November 29, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2018-0389, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Wastewater Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. The EPA requests that if at all possible, 
you contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section to view the hard copy of the docket. You may view the 
hard copy of the docket Monday through Friday, 8 a.m. to 4 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: VelRey Lozano, U.S. Environmental 
Protection Agency, Region 8, (8WP-CWW), 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, 303-312-6128, email lozano.velrey@epa.gov.

SUPPLEMENTARY INFORMATION:

Background Information

    On April 7, 2017, the Governor of North Dakota signed a bill into 
law mandating the creation of a new North Dakota Department of 
Environmental Quality. NDDEQ will be a cabinet-level agency that will 
implement all of the federally authorized or delegated environmental 
programs currently run by the Environmental Health Section of NDDOH. 
The law gives NDDOH until July 1, 2019, to obtain the necessary program 
authorizations and approvals from EPA to allow NDDEQ to implement the 
State's delegated and/or authorized environmental programs.
    A state may revise its NPDES program. 40 CFR 123.62(a). In doing 
so, the State must submit a modified program description, Attorney 
General's statement, Memorandum of Agreement or other such 
documentation as EPA determines to be necessary under the 
circumstances. 40 CFR 123.62(b). States with approved programs are 
required to notify EPA whenever they propose to transfer all or part of 
the approved State agency to any other State agency and to identify any 
new division of responsibilities amongst the agencies involved. 40 CFR 
123.62(c). Organizational charts required in the State's original 
authorization package must be revised and resubmitted. Id. The new 
agency is not authorized to administer the program until approved by 
the Regional Administrator.
    On July 30, 2018, the EPA received a complete program revision 
package from the state of North Dakota. The EPA has determined the 
program revision package contains all the required elements. The full 
program revision package is available for inspection and copying at the 
addresses appearing in the ADDRESSES section of this notice.

[[Page 54588]]

General Information

A. Does this action apply to me?

    Entities potentially affected by this action are: The EPA; and the 
regulated community and residents within the state of North Dakota (see 
Table 1). This table is not intended to be exhaustive; rather, it 
provides a guide for readers regarding entities that this action is 
likely to affect.

    Table 1--Entities Potentially Affected by This Proposed Approval
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           Category            Examples of potentially affected entities
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State and Indian Tribal        States and Indian tribes that provide
 Governments, and Federal       certification under section 401 of the
 Agencies.                      CWA; States, Indian Tribes, and federal
                                agencies that own or operate treatment
                                works outside of Indian country that
                                require an NDPDES permit.
Municipalities...............  POTWs required to apply for or seek
                                coverage under an NDPDES individual or
                                general permit and to perform routine
                                monitoring as a condition of an NDPDES
                                permit.
Industry.....................  Facilities required to apply for or seek
                                coverage under an NDPDES individual or
                                general permit and to perform routine
                                monitoring as a condition of an NDPDES
                                permit.
NDPDES Stakeholders..........  Any party that may review and provide
                                comments on NDPDES permits.
Residents of the state of      Any party that may review and provide
 North Dakota.                  comments on NDPDES permits.
------------------------------------------------------------------------

    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

B. What action is EPA taking?

    With this action, the EPA is providing notice of a proposed program 
revision to the State of North Dakota's approved NPDES program to 
transfer authority to administer the NDPDES program from the NDDOH to 
the NDDEQ. This action is not changing the current scope of North 
Dakota's NDPDES program and is transferring authority to another agency 
to implement the state's current NPDES program as part of the larger 
effort to move all federally authorized or delegated environmental 
programs from the NDDOH to the NDDEQ. If the proposed program revision 
is approved, EPA will retain the authority to issue permits for 
facilities located in Indian country \1\ and/or discharging to waters 
in Indian country.
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    \1\ EPA's approval of North Dakota's request to transfer its 
NPDES authority from the North Dakota Department of Health to the 
North Dakota Department of Environmental Quality does not extend to 
Indian country. As defined in 18 U.S.C. Section 1151, Indian country 
generally includes lands within the exterior boundaries of the 
following Indian reservations located within North Dakota: The Fort 
Berthold Indian Reservation, the Spirit Lake Reservation, the 
Standing Rock Sioux Reservation, and the Turtle Mountain 
Reservation; any land held in trust by the United States for an 
Indian tribe; and any other areas that are ``Indian country'' within 
the meaning of 18 U.S.C. Section 1151. EPA, or eligible Indian 
tribes, as appropriate, will retain responsibilities under the Clean 
Water Act NPDES program for wastewater discharges in Indian country.
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C. What is EPA's authority for taking this action?

    This action is taken under the authority of section 402 of the 
Clean Water Act as amended, 33 U.S.C. 1342. Under 40 CFR 123.62(b)(2), 
the EPA is required to determine whether proposed program revisions are 
substantial and, if so, issue public notice and provide an opportunity 
to comment for a period of at least 30 days. The EPA considers this 
transfer of state authority to be substantial.

    Dated: October 24, 2018.
Darcy O'Connor,
Assistant Regional Administrator, Office of Water Protection, EPA, 
Region 8.
[FR Doc. 2018-23632 Filed 10-29-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices 54587 The Commission staff mailed a copy ACTION:Notice of availability; request available docket materials are available of the Notice of Availability to federal, for comment. either electronically in state, and local government www.regulations.gov or in hard copy at representatives and agencies; elected SUMMARY: The Environmental Protection the Wastewater Program, Environmental officials; environmental and public Agency (EPA) is providing notice of a Protection Agency (EPA), Region 8, interest groups; Native American tribes; proposed program revision to transfer 1595 Wynkoop Street, Denver, Colorado potentially affected landowners and the authority to implement and enforce 80202–1129. The EPA requests that if at other interested individuals and groups; the North Dakota Pollutant Discharge all possible, you contact the individual and libraries in the project area. The Elimination System (NDPDES) program listed in the FOR FURTHER INFORMATION final EIS is only available in electronic from the North Dakota Department of CONTACT section to view the hard copy format. It may be viewed and Health (NDDOH) to the newly of the docket. You may view the hard downloaded from the FERC’s website established North Dakota Department of copy of the docket Monday through (www.ferc.gov), on the Environmental Environmental Quality (NDDEQ). If Friday, 8 a.m. to 4 p.m., excluding Documents page (https://www.ferc.gov/ approved, the NDDEQ will administer federal holidays. industries/gas/enviro/eis.asp). In the approved NDPDES program FOR FURTHER INFORMATION CONTACT: addition, the final EIS may be accessed regulating discharges of pollutants into VelRey Lozano, U.S. Environmental by using the eLibrary link on the FERC’s waters of the United States under its Protection Agency, Region 8, (8WP– website. Click on the eLibrary link jurisdiction as described in the state’s CWW), 1595 Wynkoop Street, Denver, (https://www.ferc.gov/docs-filing/ program application. The EPA will Colorado 80202–1129, 303–312–6128, elibrary.asp), click on General Search, retain the authority to issue NPDES email lozano.velrey@epa.gov. and enter the docket number in the permits for facilities located in Indian country and/or discharging to waters in SUPPLEMENTARY INFORMATION: ‘‘Docket Number’’ field, excluding the last three digits (i.e. CP15–550 or CP15– Indian country. Background Information 551). Be sure you have selected an DATES: Written comments and/or On April 7, 2017, the Governor of appropriate date range. For assistance, requests for a public hearing must be North Dakota signed a bill into law please contact FERC Online Support at received on or before November 29, mandating the creation of a new North FercOnlineSupport@ferc.gov or toll free 2018. Dakota Department of Environmental at (866) 208–3676, or for TTY, contact ADDRESSES: Submit your comments, Quality. NDDEQ will be a cabinet-level (202) 502–8659. identified by Docket ID No. EPA–R08– agency that will implement all of the Additional information about the OAR–2018–0389, to the Federal federally authorized or delegated project is available from the Rulemaking Portal: https:// environmental programs currently run Commission’s Office of External Affairs, www.regulations.gov. Follow the online by the Environmental Health Section of at (866) 208–FERC, or on the FERC instructions for submitting comments. NDDOH. The law gives NDDOH until website (www.ferc.gov) using the Once submitted, comments cannot be July 1, 2019, to obtain the necessary eLibrary link. The eLibrary link also edited or removed from program authorizations and approvals provides access to the texts of all formal www.regulations.gov. The EPA may from EPA to allow NDDEQ to documents issued by the Commission, publish any comment received to its implement the State’s delegated and/or such as orders, notices, and public docket. Do not submit authorized environmental programs. rulemakings. electronically any information you A state may revise its NPDES In addition, the Commission offers a consider to be Confidential Business program. 40 CFR 123.62(a). In doing so, free service called eSubscription that Information (CBI) or other information the State must submit a modified allows you to keep track of all formal whose disclosure is restricted by statute. program description, Attorney General’s issuances and submittals in specific Multimedia submissions (audio, video, statement, Memorandum of Agreement dockets. This can reduce the amount of etc.) must be accompanied by a written or other such documentation as EPA time you spend researching proceedings comment. The written comment is determines to be necessary under the by automatically providing you with considered the official comment and circumstances. 40 CFR 123.62(b). States notification of these filings, document should include discussion of all points with approved programs are required to summaries, and direct links to the you wish to make. The EPA will notify EPA whenever they propose to documents. Go to www.ferc.gov/docs- generally not consider comments or transfer all or part of the approved State filing/esubscription.asp. comment contents located outside of the agency to any other State agency and to Dated: October 22, 2018. primary submission (i.e., on the web, identify any new division of Kimberly D. Bose, cloud, or other file sharing system). For responsibilities amongst the agencies Secretary. additional submission methods, the full involved. 40 CFR 123.62(c). [FR Doc. 2018–23603 Filed 10–29–18; 8:45 am] EPA public comment policy, Organizational charts required in the information about CBI or multimedia State’s original authorization package BILLING CODE 6717–01–P submissions, and general guidance on must be revised and resubmitted. Id. making effective comments, please visit The new agency is not authorized to http://www2.epa.gov/dockets/ administer the program until approved ENVIRONMENTAL PROTECTION commenting-epa-dockets. by the Regional Administrator. AGENCY Docket: All documents in the docket On July 30, 2018, the EPA received a are listed in the www.regulations.gov complete program revision package khammond on DSK30JT082PROD with NOTICES [Docket ID No. EPA–R08–OAR–2018–0389; index. Although listed in the index, from the state of North Dakota. The EPA FRL–9985–60–Region 8] some information is not publicly has determined the program revision North Dakota Pollutant Discharge available, e.g., CBI or other information package contains all the required Elimination System; Transfer whose disclosure is restricted by statute. elements. The full program revision Certain other material, such as package is available for inspection and AGENCY: Environmental Protection copyrighted material, will be publicly copying at the addresses appearing in Agency (EPA). available only in hard copy. Publicly the ADDRESSES section of this notice. VerDate Sep<11>2014 17:34 Oct 29, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1

54588 Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices General Information community and residents within the regarding entities that this action is state of North Dakota (see Table 1). This likely to affect. A. Does this action apply to me? table is not intended to be exhaustive; Entities potentially affected by this rather, it provides a guide for readers action are: The EPA; and the regulated TABLE 1—ENTITIES POTENTIALLY AFFECTED BY THIS PROPOSED APPROVAL Category Examples of potentially affected entities State and Indian Tribal Governments, and Fed- States and Indian tribes that provide certification under section 401 of the CWA; States, Indian eral Agencies. Tribes, and federal agencies that own or operate treatment works outside of Indian country that require an NDPDES permit. Municipalities ...................................................... POTWs required to apply for or seek coverage under an NDPDES individual or general permit and to perform routine monitoring as a condition of an NDPDES permit. Industry ............................................................... Facilities required to apply for or seek coverage under an NDPDES individual or general per- mit and to perform routine monitoring as a condition of an NDPDES permit. NDPDES Stakeholders ....................................... Any party that may review and provide comments on NDPDES permits. Residents of the state of North Dakota .............. Any party that may review and provide comments on NDPDES permits. If you have any questions regarding required to determine whether proposed This notice allows for an additional 30 the applicability of this action to a program revisions are substantial and, if days for public comments. A fuller particular entity, consult the person so, issue public notice and provide an description of the ICR is given below, listed under FOR FURTHER INFORMATION opportunity to comment for a period of including its estimated burden and cost CONTACT. at least 30 days. The EPA considers this to the public. An agency may neither transfer of state authority to be conduct nor sponsor, and a person is B. What action is EPA taking? not required to respond to, a collection substantial. With this action, the EPA is providing Dated: October 24, 2018. of information unless it displays a notice of a proposed program revision to currently valid OMB control number. Darcy O’Connor, the State of North Dakota’s approved DATES: Additional comments may be Assistant Regional Administrator, Office of NPDES program to transfer authority to submitted on or before November 29, Water Protection, EPA, Region 8. administer the NDPDES program from 2018. [FR Doc. 2018–23632 Filed 10–29–18; 8:45 am] the NDDOH to the NDDEQ. This action ADDRESSES: Submit your comments, BILLING CODE 6560–50–P is not changing the current scope of referencing Docket ID Number EPA– North Dakota’s NDPDES program and is HQ–OECA–2014–0061, to: (1) EPA transferring authority to another agency online using www.regulations.gov (our ENVIRONMENTAL PROTECTION to implement the state’s current NPDES preferred method), or by email to AGENCY program as part of the larger effort to docket.oeca@epa.gov, or by mail to: EPA move all federally authorized or [EPA–HQ–OECA–2014–0061; FRL–9985– Docket Center, Environmental delegated environmental programs from 59–OEI] Protection Agency, Mail Code 28221T, the NDDOH to the NDDEQ. If the 1200 Pennsylvania Ave. NW, proposed program revision is approved, Information Collection Request Washington, DC 20460; and (2) OMB via EPA will retain the authority to issue Submitted to OMB for Review and email to oira_submission@omb.eop.gov. permits for facilities located in Indian Approval; Comment Request; NESHAP Address comments to OMB Desk Officer country 1 and/or discharging to waters for Chemical Recovery Combustion for EPA. in Indian country. Sources at Kraft, Soda, Sulfite, and The EPA’s policy is that all comments Stand-Alone Semichemical Pulp Mill received will be included in the public C. What is EPA’s authority for taking (Renewal) this action? docket without change including any AGENCY: Environmental Protection personal information provided, unless This action is taken under the the comment includes profanity, threats, authority of section 402 of the Clean Agency (EPA). information claimed to be Confidential Water Act as amended, 33 U.S.C. 1342. ACTION: Notice. Business Information (CBI), or other Under 40 CFR 123.62(b)(2), the EPA is information whose disclosure is SUMMARY: The Environmental Protection 1 EPA’s Agency (EPA) has submitted an restricted by statute. approval of North Dakota’s request to transfer its NPDES authority from the North Dakota information collection request (ICR), FOR FURTHER INFORMATION CONTACT: Department of Health to the North Dakota NESHAP for Chemical Recovery Patrick Yellin, Monitoring, Assistance, Department of Environmental Quality does not Combustion Sources at Kraft, Soda, and Media Programs Division, Office of extend to Indian country. As defined in 18 U.S.C. Compliance, Mail Code 2227A, Section 1151, Indian country generally includes Sulfite, and Stand-Alone Semichemical lands within the exterior boundaries of the Pulp Mill (EPA ICR Number 1805.10, Environmental Protection Agency, 1200 following Indian reservations located within North OMB Control Number 2060–0377), to Pennsylvania Ave. NW, Washington, DC Dakota: The Fort Berthold Indian Reservation, the the Office of Management and Budget 20460; telephone number: (202) 564– khammond on DSK30JT082PROD with NOTICES Spirit Lake Reservation, the Standing Rock Sioux 2970; fax number: (202) 564–0050; Reservation, and the Turtle Mountain Reservation; (OMB) for review and approval in any land held in trust by the United States for an accordance with the Paperwork email address: yellin.patrick@epa.gov. Indian tribe; and any other areas that are ‘‘Indian Reduction Act. This is a request for SUPPLEMENTARY INFORMATION: country’’ within the meaning of 18 U.S.C. Section approval of a new collection. Public Supporting documents, which explain 1151. EPA, or eligible Indian tribes, as appropriate, will retain responsibilities under the Clean Water comments were previously requested in detail the information that the EPA Act NPDES program for wastewater discharges in via the Federal Register on June 29, will be collecting, are available in the Indian country. 2017 during a 60-day comment period. public docket for this ICR. The docket VerDate Sep<11>2014 17:34 Oct 29, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1


Document Created: 2018-10-30 00:43:04
Document Modified: 2018-10-30 00:43:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comment.
DatesWritten comments and/or requests for a public hearing must be received on or before November 29, 2018.
ContactVelRey Lozano, U.S. Environmental Protection Agency, Region 8, (8WP-CWW), 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6128, email [email protected]
FR Citation83 FR 54587 
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